{"id":597661,"date":"2026-09-12T01:52:12","date_gmt":"2026-09-12T01:52:12","guid":{"rendered":"https:\/\/www.newsbeep.com\/nz\/597661\/"},"modified":"2026-09-12T01:52:12","modified_gmt":"2026-09-12T01:52:12","slug":"whakatanes-cascade-charters-bandit-victim-shares-account-of-near-capsize-during-bar-crossing","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/nz\/597661\/","title":{"rendered":"Whakat\u0101ne\u2019s Cascade Charters Bandit victim shares account of near-capsize during bar crossing"},"content":{"rendered":"<p class=\"eYVVqkRVmn\" style=\"display:none\">The man was on the charter for a day\u2019s recreational fishing with workmates but had experience with smaller boats and fishing at the Whakat\u0101ne bar.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">He\u2019d taken the opportunity to stand near the cabin to observe the captain and learn more about \u201cthe running of boats and the conditions of the sea\u201d from a skipper who handled larger vessels.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">On the return journey, about 20 minutes out from the bar, he heard a warning from the coastguard about the bar being a bit \u201ctricky\u201d that day; the man asked the skipper what he planned to do.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">He was told they would see what the conditions looked like.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">When they got there, the man saw large waves crashing against \u201cthe wall\u201d \u2013 an area of sea wall also popular for fishing.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">He asked again what the plan was, and the skipper indicated he was going ahead with crossing the bar.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">The man said he faced a dilemma \u2013 he wasn\u2019t sure if he should warn other passengers about the conditions, but \u201cdidn\u2019t want to alarm everybody\u201d.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">He thought, \u201cThe captain\u2019s made the call [to cross the bar], he should [warn them], not me\u201d.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cBut I told my mate, \u2018bro, hold on\u2019.\u201d<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">He said the Bandit fishing charter boat \u201cgot caught\u201d by a wave, which he had seen approaching from behind. <\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">There was no panic by anybody else on board.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cI could see they were all oblivious to what was going to happen to us, and I watched the wave come up on the side, it came from behind, it started to lift us at the back, and then it came to the side, right where I was, and it rose above the boat.\u201d<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">He thought, \u201cI don\u2019t know if we are going to make it\u201d.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">The wave rolled the boat halfway over, throwing passengers over the side of the boat, and the man said he was clinging to a pole.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">He ended up parallel with the sea, and saw at least two men go overboard, one of whom was in his 70s.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">The boat righted itself and other passengers had been injured by objects moving around on deck.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">He said he called out \u201cman overboard\u201d and looked at the skipper, Philip Magee, but claims there was \u201cno reaction\u201d.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cHe just looked at me. I could see in his eyes that he was in panic mode,\u201d he said.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cI told him, you need to turn this boat around and we need to go back out and get those men.\u201d<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">The skipper turned the boat around, and the man said he went to the side of the boat and could see the 79-year-old in the water.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cHe was up in the channel, so he was coming down towards us &#8230; he was coming to me fast.\u201d<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">He went to \u201clean out to grab him\u201d and saw he wasn\u2019t moving, he was \u201cjust going with the current\u201d with his head down and arms up, floating.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cI leaned down onto the boat and, as he was about 5m from me, maybe more, someone else on the boat, a younger person on the boat &#8230; looked over, saw him and just jumped in.\u201d<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cAnd they both disappeared &#8230;\u201d<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">It wasn\u2019t until an hour later that he saw a smaller boat and realised it had come to their rescue.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">He was relieved when he realised the man who\u2019d jumped overboard had been rescued, as he was the husband of one of his colleagues.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cThere were heroes that day, and he was one of them. He saved that man\u2019s life &#8230;\u201d<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">The wife had been a hero too.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cShe had said, \u2018Where\u2019s my husband?\u2019, and I told her [he jumped in].\u201d<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">During the hour when they didn\u2019t know where the missing men were, or if they\u2019d been rescued, the wife \u2013 a registered nurse \u2013 had tended to those injured on board.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cI don\u2019t know how she put that aside &#8230; she didn\u2019t ask anything after that. She just got stuck in and helped.\u201d<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">One of the injured women had needed to be moved from the Bandit to the Coastguard vessel, and the passengers helped with the manoeuvre.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">After the Coastguard left, the skipper \u201cfinally came out, and he faced us\u201d.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cHe looked at us, he had a half smile, and he just said, \u2018you fellas will have a story to tell your grandchildren, won\u2019t you?\u2019\u201d<\/p>\n<p><img  alt=\"The Bandit, operated by Cascade Charters, was hit by a wave, causing it to pitch and throw passengers overboard. Photo \/ Cascade Charters\" class=\"article-media__image responsively-lazy\" data-test-ui=\"article-media__image\"\/>The Bandit, operated by Cascade Charters, was hit by a wave, causing it to pitch and throw passengers overboard. Photo \/ Cascade Charters<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">The man said he couldn\u2019t wait to get off the boat and see his wife, who\u2019d been waiting for him, but was unsettled about a week later while whitebaiting, when he saw the same charter boat, with the same skipper, returning from fishing.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cI could hear the radio blasting, I could hear them talking and laughing,\u201d he said. <\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cThey\u2019d finished the day and they were coming in to moor their boat &#8230; On a day &#8230; just a week later, where they know two people nearly lost their lives. Could have been three, could have been four.\u201d<\/p>\n<p>Cascade Charters defends charge at nine-day trial<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">Cascade Charters Ltd and skipper Magee were prosecuted by Maritime New Zealand for failing to ensure the health and safety of passengers.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">While Magee pleaded guilty to the charge on the morning of trial, Cascade Charters defended it in a nine-day judge-alone trial.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">The judge found three of four particulars of the charge proved and convicted the company of the charge <a href=\"https:\/\/www.nzherald.co.nz\/nz\/whakatanes-cascade-charters-ordered-to-pay-fine-and-reparation-after-passengers-thrown-overboard-on-fishing-charter\/J3QT6BZTU5EYLHWLOYJOVSSL2I\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.nzherald.co.nz\/nz\/whakatanes-cascade-charters-ordered-to-pay-fine-and-reparation-after-passengers-thrown-overboard-on-fishing-charter\/J3QT6BZTU5EYLHWLOYJOVSSL2I\/\">in a decision released to NZME in late July<\/a>.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">The judge\u2019s findings recorded that as the Bandit was crossing the bar, a large wave caught up with it, causing it to broach heavily to starboard.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">Three people were thrown overboard, excluding the man who jumped in to assist the elderly man.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">An unsecured seat that passengers were seated on was thrown to the starboard side, pinning a passenger to the side of the vessel.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">The skipper, Magee, remained in the wheelhouse to get the Bandit out of the bar, while passengers assisted each other with injuries.<\/p>\n<p>Skipper says he was \u2018shocked and upset about what occurred\u2019<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">Magee said in a statement to NZME that the passenger\u2019s description of how he behaved after the wave hit was \u201cnot something I accept, and it was not part of the charge I faced or of what the judge decided\u201d.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cBut I am not going to stand here and argue with a man who watched people he was sitting beside go into the water. He is entitled to feel the way he feels,\u201d he said.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cI stayed on the wheel because if I had come off it, we would have lost the boat as well, with everyone still on board. <\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cI know that is not what it looked like from the deck. I certainly reject any suggestion I acted in a light-hearted way following the incident. I, like everyone on board, was shocked and upset about what occurred.\u201d<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">He said he was the skipper, the passengers were in his care, and he had \u201cnever tried to say otherwise\u201d.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cTo [the 79-year-old], and to every one of the men who ended up in that water, I am sorry. That is on me, and it stays on me,\u201d he said.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cI pleaded guilty because I was guilty. What I accepted responsibility for was my passengers not being in lifejackets when we crossed the bar, and the gear on the deck not being secured. Those were things [that] were mine to get right. I did not get them right and people were hurt. <\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cAny river bar can change in minutes. I made the best decision I could given the situation we found ourselves in. Things moved very quickly that day, and at the forefront of my mind at all times was the safety of the passengers.\u201d<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">He said that since the incident, he has worked with the Coastguard so that other skippers are better informed. <\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cI cannot undo what occurred and carry the heavy burden, knowing I let people down that day. As a skipper of the boat, this hits very hard.\u201d<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">Magee was fined $3000, while Cascade Charters had to pay a $25,000 fine, make a $130,362.49 reparation payment to the victims, and pay $60,000 towards the cost of the prosecution.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">The passenger who NZME spoke to said he was not happy with the overall outcome, and thought the $3000 fine for the skipper was \u201ca joke\u201d, because he \u201cnearly killed a man\u201d.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">He remained of the view that criminal charges could have, and should have, been laid, particularly because there had been no instruction to put on lifejackets.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cHe didn\u2019t even talk to us to tell us, I think you need to put on your life jackets, I think you need to get ready.\u201d<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">The man found it hard that the company had denied the charge, meaning the passengers had to give evidence in court.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cThey put us through that because they were denying the charge,\u201d he said. <\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">\u201cOh, that just made me sick. [I thought] I\u2019m going to court and I\u2019m going to give my side and these guys are going to know exactly what they\u2019ve done. They can\u2019t ignore it.\u201d<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">Hannah Bartlett is a Tauranga-based Open Justice reporter at NZME. She previously covered court and local government for the Nelson Mail, and before that was a radio reporter at Newstalk ZB.<\/p>\n<p class=\"eYVVqkRVmn\" style=\"display:none\">Join the NZ Herald\u2019s Open Justice team for <a href=\"https:\/\/www.iheart.com\/podcast\/1049-case-by-case-338673756\/?pname=nzh_web&amp;sc=podcast_show\" rel=\"nofollow noopener\" title=\"https:\/\/www.iheart.com\/podcast\/1049-case-by-case-338673756\/\" target=\"_blank\">Case by Case<\/a>, a video and podcast series examining the disputes and decisions making headlines across New Zealand. <\/p>\n","protected":false},"excerpt":{"rendered":"The man was on the charter for a day\u2019s recreational fishing with workmates but had experience with smaller&hellip;\n","protected":false},"author":2,"featured_media":597662,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[29184,9092,294516,17181,266057,76864,42154,20496,17353,48054,2837,3087,6101,56387,3242,294517,111,43,139,69,1118,14734,38639,180,8229,1961,20110,1337,13558,13745,2240,277015,1316],"class_list":["post-597661","post","type-post","status-publish","format-standard","has-post-thumbnail","category-new-zealand","tag-account","tag-against","tag-bandit","tag-bar","tag-cascade","tag-charter","tag-charters","tag-crashing","tag-cross","tag-crossing","tag-during","tag-fishing","tag-good","tag-isnt","tag-large","tag-nearcapsize","tag-new-zealand","tag-news","tag-newzealand","tag-nz","tag-of","tag-passenger","tag-prepared","tag-shares","tag-they","tag-this","tag-thought","tag-victim","tag-wall","tag-waves","tag-whakatne","tag-whakatnes","tag-when"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/597661","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=597661"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/597661\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/597662"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=597661"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=597661"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=597661"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}